(1) Notice of investigation. If the director of SRR refers a complaint to an investigation, the director shall provide the respondent with a notice of investigation that meets the following requirements:
(a) Is made in writing;
(b) Includes a written list of the allegations against the respondent with sufficient details of the allegations based on current information including, if known, date and time of the incident, description of the conduct, and the specific sections of this code allegedly violated;
(c) Indicates that the complaint has been assigned to a EWU investigator and provide the contact information for the investigator;
(d) Provides notice that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the end of the hearing;
(e) Provides a reminder that the person may have an advisor of their choice throughout the student conduct process;
(f) A statement that students are prohibited from knowingly furnishing false information during the student conduct process; and
(g) Where applicable, information about supportive measures and resources available to the respondent as well as information about EWU's prohibition on retaliation.
(2) Notice of allegations: If the director of SRR decides to send the case to hearing, following a review of the investigative report if any, the director of SRR shall appoint a CRO to the case and notify the respondent of the CRO and the date of a prehearing conference. Notification of the allegations to the respondent must:
(a) Be made in writing;
(b) Include a written list of the allegations against the respondent with sufficient details of the allegations based on current information, including, if known, date and time of the incident, description of the conduct, and the specific sections of this code allegedly violated;
(c) Provide notice that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the end of the hearing;
(d) Provide a reminder that the person may have an advisor of their choice and, for Title IX complaints, that EWU will provide them with an advisor upon requests for the purposes of conducting cross-examination;
(e) Provide information about how to review the evidence gathered prior to the hearing;
(f) Provide a statement that students are prohibited from knowingly furnishing false information during the student conduct process;
(g) Inform them of the option to admit responsibility under WAC
172-121-118; and
(h) Include a date, time, and location of the prehearing conference.
(3) Follow up with complainant. The SRR office shall also follow up with the complainant(s) and respondent(s) to inform them of the process of reporting any retaliation or new incidents. If the complainant or respondent engages in retaliatory behavior, EWU shall take immediate steps to protect the complainant or respondent from further harassment or retaliation.
(4) If additional information is learned during the investigation that may rise to additional allegations, EWU must provide the respondent with an updated notice of allegations.
(5) The procedures for the prehearing conference for conduct review meetings are contained in WAC
172-121-121. The procedures for the prehearing conference for full hearings is contained in WAC
172-121-122.
[Statutory Authority: RCW
28B.35.120(12). WSR 24-22-047, s 172-121-110, filed 10/28/24, effective 11/28/24; WSR 23-11-109, § 172-121-110, filed 5/19/23, effective 6/19/23; WSR 23-01-027, § 172-121-110, filed 12/9/22, effective 1/9/23; WSR 20-19-046, § 172-121-110, filed 9/10/20, effective 10/11/20; WSR 20-01-032, § 172-121-110, filed 12/6/19, effective 1/6/20. Statutory Authority: RCW
28B.35.120(12) and
42.56.070. WSR 19-01-047, § 172-121-110, filed 12/13/18, effective 1/13/19. Statutory Authority: RCW
28B.35.120(12). WSR 17-17-031, § 172-121-110, filed 8/9/17, effective 9/9/17; WSR 13-24-123, § 172-121-110, filed 12/4/13, effective 1/4/14; WSR 09-12-001, § 172-121-110, filed 5/20/09, effective 6/20/09.]